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HomeMy WebLinkAbout2024-09-17 Planning Board Minutes Mary Ann Barr 2021 Planning Board Minutes Tuesday 17 September 2024 at 7:00PM A Meeting of the Town of Danby Planning Board will be held at 7PM on Tuesday, September 17th 2024 In-person & via video conference (Zoom) https://us06web.zoom.us/j/89338971114?pwd=8bRFyylpKF3aTgDmoIdsYs29disLrF.1 Meeting ID: 893 3897 1114 Passcode: 956288 Dial in: 646 931 3860 or 929 205 6099 FINAL MINUTES PRESENT: Ed Bergman Jacob Colbert Colleen Cowan Scott Davis Jody Scriber Jamie Vanucchi Kelly Maher (Chair) OTHER ATTENDEES: Recording Secretary : Cindy Katz Public: Andrew Thurnheer; Nicole Haddad; John Caito; Thomas Sager; Leslie Connors (Town Board Liaison) Please note that the Town Planner, Greg Hutnik, was not present for this meeting. (1) CALL TO ORDER /AGENDA REVIEW: ADDITIONS OR DELETIONS TO AGENDA Meeting was opened at 7:00 p.m. There were no additions or deletions. (2) PRIVILEGE OF THE FLOOR No one spoke. (3) APPROVAL OF MINUTES (JULY 16 2024 & AUGUST 20 2024) MOTION: Approve July 16th and August 20th minutes. Motion by Cowan, seconded by Scriber. The motion passed. In favor: Bergman, Colbert, Cowan, Davis, Vanucchi (abstained from July) Maher (4) TOWN BOARD LIAISON REPORT Leslie Connors, Town Board Liaison, spoke on the following topics:  Folks are encouraged to attend the upcoming planning conference in Ithaca.  Please attend the last summer market of the year this Friday  The Planner is still working on special event law which he will bring to the board. She hopes the Planning Board will also provide feedback on it.  The board has asked the planner to begin “ticking off” tweaks to the zoning ordinance, and if the Planning Board would like to add anything to that list, but be in touch with him. (5) DEVELOPMENT REVIEW SUB-2024-05 190 Hill Road Parcel: 20.-1-22.2 Applicant: Andrew Thurnheer Anticipated Board action(s) this month: Public Hearing; Consider Preliminary and Final Approval Zone: Rural 1 SEQR Type: Unlisted Proposal: Standard Subdivision of 1 lot to 3 lots The public hearing was still open from the previous month’s meeting. No one spoke. The public hearing was closed at 7:06 p.m. Board Discussion: A letter sent by the applicant’s lawyer regarding ownership of the property was distributed before the meeting began. Chair Maher read over the letter silently, and said she understood from it that the applicant was the assumed owner of the land, had paid the taxes on it, and that there were no known disputes over ownership. She also noted that the Planning Board does not have purview over ownership of land, but rather their role here is only to subdivide. MOTION: To Approve Planning Board Resolution 18 of 2024 granting preliminary and final plan approval to a standard subdivision at 142-212 Hill Road (tax parcel 20.-1-22.2) Whereas an application has been submitted for review and approval by the Town of Danby Planning Board for a Standard Subdivision of Town of Danby Tax Parcel No. 20.- 1-22.2, by Andrew Thurnheer, Owner; and Whereas the Owner proposes to subdivide the existing 190-acre property into three parcels: Parcel 1 measuring 55.2 acres; Parcel 2 measuring 34.3 acres; and Parcel 3 measuring 102.5 acres; and Whereas the property is in the Rural 1 Zoning District, requiring a lot area minimum of 10 acres and lot depth of 800 feet; and Whereas this is considered a Standard Subdivision in accordance with the Town of Danby Subdivision and Land Division Regulations, Article II, § 201 C. Standard Subdivision: 1. Any division of land resulting in three or more lots, of any size, at one time, which such division of land is and remains at all times subject to the requirements and terms of the Stormwater Local Law, if and as applicable. 2. Any Minor Subdivision that does not meet the standards of Article II, Section 201 (B); and Whereas this is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review; and Whereas the Planning Board, acting as Lead Agency, did on August 20, 2024 make a Negative Declaration of Environmental Significance for the project; and Whereas legal notice was published and adjacent property owners within 500 feet notified in accordance with the Town of Danby Subdivision and Land Division Regulations, Article VI, § 601 II.H. Hearing and Notices; and Whereas the Planning Board held the required Public Hearing from August 20 – September 17, 2024; Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby grant Preliminary and Final Subdivision Approval to the proposed Standard Subdivision of Town of Danby Tax No. 20.-1-22.2, by Andrew Thurnheer, Owner, subject to filing with the Tompkins County Clerk within 62 days; and Resolved the Town of Danby hereby only approves the subdivision of the land, has not examined the land title(s), and thus makes no representation or warranties as to title or rights therein, except to recognize that separate lots have been created pursuant to this approval, once filed of record in accordance with law. Moved by Davis, Colbert seconded The motion passed. In favor: Bergman, Colbert, Cowan, Davis, Scriber, Vanucchi, Maher The applicant will meet with Planner Hutnik next week and finalize the forms and process to complete the subdivision. SUB-2024-07 201 Jersey Hill Parcel: 8.-1-15.2 Applicant: Nicole Haddad Anticipated Board Action(s) this Month: Sketch Plan Review Zone: Rural 1 SEQR: Unlisted Proposal: Minor subdivision of 1 lots to 2 lots. Maher shared the preliminary sketch plan on the screen. She reviewed the procedure, explaining that the public hearing and SEQR will be held at the next meeting. Today they will provide comments and declare lead agency. Chair Maher noted that the Planning Board may want to encourage the applicants to keep development away from farmland. They discussed the right of way on the parcel. MOTION: To Approve Planning Board Resolution 19 of 2024 declaring lead agency on a minor subdivision at 201 Jersey Hill Road (tax parcel 8.-1-15.2). Whereas an application has been submitted for review and approval by the Town of Danby Planning Board for a Minor Subdivision of Town of Danby Tax Parcel No. 8.-1- 15.2, by Nicole Haddad, Applicant; and Whereas the Applicant proposes to subdivide the existing 70-acre property into two parcels: one measuring 10 acres and the other measuring 60 acres; and Whereas the property is in the Rural 1 Zoning District, requiring a lot area minimum of 10 acres and lot depth of 800 feet; and Whereas this is considered a Minor Subdivision in accordance with the Town of Danby Subdivision and Land Division Regulations, Article II, § 201 B.1. Minor Subdivision, Option #1 – A large-lot land division is permitted, provided the following criteria are met: a. All lots resulting from the land division are (8) acres or more, each with frontage on a public road maintained year-round; b. All lots resulting from the land division meet all other pertinent zoning requirements; and c. No extension or improvement of an existing, or creation of a new public road, public utility, or other public facility or area is involved. d. Compliance with the Stormwater Local Law, if applicable, has been demonstrated, including, but not limited to, the preparation and approval of SWPPPs, the obtaining of Stormwater Permits, and the design, planning, installation, construction, maintenance, and improvement of temporary and permanent Stormwater Management Practices, as each and all of such capitalized terms are defined within such Stormwater Local Law; and Whereas this is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review; and Whereas the Town of Danby Planning Board has sole responsibility for approving Minor Subdivisions; Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby declare itself Lead Agency for the environmental review for the action of Minor Subdivision approval for Town of Danby Tax Parcel No. 8.-1-15.2, by Nicole Haddad, Applicant Moved by Scriber, seconded by Bergman The motion passed. In favor: Bergman, Colbert, Cowan, Davis, Scriber, Vanucchi, Maher Chair Maher shared the Short Environmental Assessment Form (SEAF) Part 1 on the screen. She noted that the planner had changed the total acreage to seventy and disturbed to zero because it is supposed to reflect the original property and not the subdivided property. Notice of public hearing will be sent to neighbors, Chair Maher asked about a survey, because getting a final one is needed and that can take time. Maher let the applicant know that the next Planning Board meeting is relatively early next month, so she recommends they be in touch with the planner to make sure there is time to prepare. They reviewed what will happen at the next meeting and Chair Maher reminded them to be certain that the final survey has the text block/stamp on it. They discussed additional options and tools that could be used if the applicant sought to subdivide the lot further. They discussed cluster subdivisions. The Planning Board suggested the applicant stay to listen to the subsequent meeting discussion on clustering as it is relevant to their question. They also advised the applicant to discuss with Planner Hutnik. SUB-2024-06 100 Van de Bogart Road Parcel: 20.-1-1.21 Applicant: Ray Van de Bogart Anticipated Board action(s) this month: Discussion of Cluster Subdivisions Zone: Rural 1 SEQR Type: Unlisted Proposal: Minor Subdivision of 1 lot to 2 lots They reviewed the memo from the planner. Vanucchi wondered how two parcels can be referred to as a “cluster.” Davis questioned the concept of “credits” permitting additional subdivisions under clustering to be carried forward in the future. He advocates the subdivider not being permitted to do any more subdivisions and believes this is what the ordinance intends/states. Other Planning Board members questioned this, noting the benefit of clustering to allow larger swathes of land to remain undeveloped while smaller areas can be more affordability built on. Scriber expressed concern about affordability, as infrastructure costs cannot be shared if development must be kept far from other development. They discussed Planner Hutnik’s summary of the town lawyer’s response to what happens if the law dictating the underlying zoning is changed. Will cluster “credits” be given or taken? They read from the planner’s memo that additional “credits” or parcels can be allotted going forward, and Davis stated his belief that this was the opinion of the planner and not the lawyer, nor does he think it is the intent of the clustering regulation. Chair Maher wondered about conditioning the parcel to only allow future development in a specific area. They discussed what can and cannot be conditioned regarding both parcels. They discussed the housing affordability crisis and how clustering could potentially assist with that. They asked how the subdivided land was going to be used and Colbert said he thought another farmer was going to buy it and put cows on it. They continued to discuss interest rates and the housing shortage. Scriber wondered about the town acquiring the old Danby school and putting in senior housing and a preschool. They discussed the upcoming planning conference. (6) ADJOURNMENT The meeting was adjourned at 7:57 p.m.